WILLEMSTAD - The Government of Curaçao has formally responded to the October 2024 advisory report of the Council of State of the Kingdom, titled “70 Years of the Kingdom Charter: Cooperation Based on Mutual Understanding.” In a detailed 19-page document dated September 2, 2025, Curaçao emphasizes that the island’s autonomy within the Kingdom of the Netherlands is non-negotiable and must remain fully guaranteed under all circumstances.
The response, presented under the authority of Prime Minister Gilmar Pisas, outlines the government’s official stance on constitutional cooperation, democracy, and governance within the Kingdom. It serves as a direct reaction to the Council of State’s call for renewed dialogue about the Kingdom’s future structure and relations among its four constituent countries: the Netherlands, Aruba, Curaçao, and Sint Maarten.
Autonomy Above All
The government firmly rejects the Council’s proposal for a so-called “intermediate zone” (tussengebied) between autonomous and Kingdom affairs — a concept meant to allow joint responsibility for issues such as human rights, legal certainty, and good governance.
“Autonomy is not an abstract principle but a constitutionally enshrined legal position,” the government’s letter states. “Creating such a ‘middle area’ would undermine the legal clarity and constitutional balance provided by the Charter.”
Curaçao insists that cooperation within the Kingdom must always be voluntary, reciprocal, and based on equality and mutual trust, not imposed by institutional innovations that blur responsibilities.
Skepticism Toward Consensus Kingdom Laws
The government also expresses deep caution regarding the use of consensus Kingdom laws, arguing that these laws — especially those enacted since 10-10-10 — have often led to asymmetrical power relations and limited local autonomy.
While Curaçao supports clearer procedures for creating and terminating such laws, it warns that these mechanisms must not erode the island’s political independence.
Democratic Deficit Remains Unresolved
Curaçao reiterates long-standing concerns about the “democratic deficit” within the Kingdom — the limited influence Caribbean countries have over laws and decisions taken by the Dutch government and parliament.
The document rejects the Council’s idea of granting Caribbean citizens direct voting rights for the Dutch Senate and House of Representatives, calling it “symbolic at best” due to population disparities.
“Such a measure would not meaningfully strengthen democracy,” the response says. “True reform must enhance the institutional role and decision-making power of the Caribbean parliaments within Kingdom legislation.”
Call for Independent Dispute Resolution
One of the strongest positions in the response concerns the absence of an independent dispute settlement mechanism within the Kingdom — a long-standing demand from the Caribbean countries.
Curaçao calls for the urgent creation of a binding, impartial dispute tribunal, empowered to adjudicate conflicts over the Charter’s interpretation and the Kingdom’s supervisory powers.
“The lack of such a system has fueled distrust and political frustration,” the document warns. “Independent adjudication is essential to restore balance and legal certainty within the Kingdom.”
Governance, Education, and Social Priorities
While reaffirming its autonomy, the government acknowledges that good governance and social development remain shared goals. Curaçao highlights its ongoing reforms under the Landspakket and the Mutual Cooperation Agreement on Reforms (April 2023) — particularly in financial management, education, health, and social security.
The government also supports greater cooperation among Caribbean partners — Aruba, Curaçao, and Sint Maarten — on practical issues such as training, administrative capacity, and joint implementation agencies, provided such efforts respect national priorities.
A Message of Equality and Partnership
In conclusion, Curaçao’s position reflects a broader constitutional message: that the Kingdom’s future must be rooted in mutual respect, equality, and the rule of law, not hierarchical control.
“Autonomy is not an obstacle to cooperation,” the government states. “It is the foundation that makes genuine, sustainable cooperation possible.”
The document — titled “Reaction of the Government of Curaçao to the 2024 Advisory Report of the Council of State of the Kingdom” — marks one of the most comprehensive constitutional responses by Curaçao in recent years, reaffirming its vision of a balanced and modern Kingdom partnership built on trust and equality.
